When one parent in Colorado is ordered to pay child support to the other parent, it might seem as if the amount is set in stone and cannot be changed. This, however, is not the case. It is possible to change a child support order. Understanding the criteria for this is important for both sides to avoid a child support dispute and adhere to the foundation of the support order: the best interests of the child. Either the supporting parent or the parent receiving support can ask for the order to be reviewed and changed. The reason for this must be linked to a substantial and continuing change in circumstances.
There can be no change to the order unless the dollar amount is changed by 10 percent or more or medical support is not ordered or has changed. There are numerous reasons to request that there be a review. They include: one of the children has become emancipated; one of the parents has had a change in income; there was a change in the child care costs such as health care or day care; the number of visits the child has with the parent that are overnight stays has changed; and it has been a minimum of three years since the previous review.
The Child Support Enforcement Unit that oversees the case must receive the signed request. It must also have an Income and Expense affidavit. There must be documentation to support the request. There will be no review without the necessary information. There must also be a reason for the change on the request with accompanying information to support it. The order can be changed to a higher amount, a lower amount or it can remain the same. This can take as long as six months to be decided.
Raising a child can be costly for both the supporting parent and the receiving parent. It is not unusual for situations to change making it necessary for a parent to ask that the child support order be adjusted. Regardless of which side the parent is on, a legal professional can help with moving forward in seeking a child custody modification.
Source: childsupport.state.co.us, “Changing an Order,” accessed on Sep. 27, 2016